SB3549 101ST GENERAL ASSEMBLY

LRB101 20383 CPF 69929 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3549

Introduced 2/14/2020, by Sen. John F. Curran

SYNOPSIS AS INTRODUCED:

210 ILCS 55/4

from Ch. 111 1/2, par. 2804

Amends the Home Health, Home Services, and Home Nursing Agency Licensing Act. Provides that the term of a provisional license for a home health agency is 240 (rather than 120) days. Provides that the fee for each single home health agency license shall be set by rule by the Department of Public Health (rather than the fee for each license or any renewal being $25). Effective January 1, 2021.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Home Health, Home Services, and Home Nursing Agency Licensing Act is amended by changing Section 4 as follows:

(210 ILCS 55/4) (from Ch. 111 1/2, par. 2804)

Sec. 4. Types of licenses.

(a) If an applicant for licensure has not been previously licensed, or if the home health agency, home services agency, or home nursing agency is not in operation at the time application is made, the Department may issue a provisional license. A provisional license shall be valid for a period of 240 120 days unless sooner suspended or revoked pursuant to Section 9 of this Act. Within 30 days prior to the termination of a provisional license, the Department shall inspect the agency and, if the applicant substantially meets the requirements for licensure, it shall issue a license under this Section. If the Department finds that a holder of a provisional license does not substantially meet the requirements for licensure, but has made significant progress toward meeting those requirements, the Director may renew the provisional license once for a period not to exceed 240 120 days from the expiration date of the initial provisional license.

(b)(1) The Director may also issue a provisional license to any licensed agency which does not substantially comply with the provisions of this Act and the rules promulgated hereunder, provided he finds that the health, safety, and well-being of the clients of the agency will be protected during the period for which such provisional license is issued. The term of such provisional license shall not exceed 240 120 days.

(2) The Director shall advise the licensee of the conditions under which such provisional license is issued, including the manner in which the licensee fails to comply with the provisions of the Act or rules, and the time within which the corrections necessary for the agency to substantially comply with the Act and rules shall be completed.

(3) The Director, at his discretion, may extend the term of such provisional license for an additional 240 120 days, if he finds that the agency has made substantial progress toward correcting the violations and bringing the agency into full compliance with this Act and the rules promulgated hereunder.

(c) An annual license shall be issued to any person conducting or maintaining a home health agency upon receipt of an application and payment of the licensure fee, and when the other requirements of this Act, and the standards, rules and regulations promulgated hereunder, are met. The fee for each single home health agency license shall be set by rule by the Department or any renewal shall be $25.

(d) The Department shall establish, by rule, a system whereby an entity that meets the requirements for licensure may obtain licensure singly or in any combination for the categories authorized under this Act. The Department shall develop and implement one application to be used even if a combination of licenses authorized under the Act is sought. Applicants for multiple licenses under this system shall pay the higher of the licensure fees applicable. Fees collected under this system shall be deposited into the Home Care Services Agency Licensure Fund.

(Source: P.A. 94-379, eff. 1-1-06.)

Section 99. Effective date. This Act takes effect January 1, 2021.